15 Mar 2023
TREASURE SPOT FINANCE COMPANY LTD v. LAI YUN TAK
- Citation
- [2023] HKCFI 795
- Court
- Court of First Instance
- Case number
- HCMP2079/2022
The court exercised its discretion under section 19 to vacate the registered lis pendens because there was no evidence of prosecution of the 1215 action since August 2020, the unexplained three-year delay supported an inference that the litigation was not prosecuted bona fide, and the plaintiff provided an undertaking to pay any surplus sale proceeds into court to protect the interests of the defendant and any second mortgagee.